Second-hand Housing Quality Warranty Responsibility Research

China enforces the quality warranty system for commercial housing,but the warranty location,content and duration must be determined according to the "Residential Quality Assurance" submitted by the real estate development enterprise or agreed by the buyer and the seller in the "Commodity Sale Contract".The quality of the commodity housing during the warranty period,the real estate development enterprise should repair the quality defects of the house in accordance with the agreement.After the transfer of the commodity house,the second-hand house has a quality problem during the legal minimum warranty period or the warranty period stipulated in the original commercial house sales contract.The second-hand house owner can claim the guarantee responsibility to the house transfer party,but most second-hand house owners choose to require the real estate development enterprise to undertake Warranty liability.If the real estate development enterprise refuses the warranty on the grounds that the two parties do not have a contractual relationship,a warranty liability dispute will occur.The court ruled that such cases are based on the principle of good faith and fairness,and the real estate development enterprises shall bear the responsibility for defect repair.However,the local courts have not unified the legal nature and legal application of such cases,and there are applicable referees of the Contract Law of the People's Republic of China.There is also the application of the "Infringement Liability Law of the People's Republic of China" for refereeing,as well as the application of the "Property Law of the People's Republic of The court not only has different jurisdictions,but the judgment usually also cites the legal provisions without the necessary arguments.The problem of the second-hand housing quality warranty liability disputes is "seriously different in class,and different judgments".The first part of this paper introduces the four types of referee's basis that the court usually applies in judicial practice,and briefly summarizes the facts and main problems that the court judges determine.The second part of the thesis mainly analyzes the content of the house quality warranty,the legal provisions and the scholars' theory,pointing out that the house quality warranty liability is a legal obligation to be converted into a contractual obligation,which is the responsibility of the real estate development enterprise under the sales contract.It is the responsibility of the goods.The third part of this paper mainly analyzes that the second-hand house quality warranty liability should not apply the remedies of the Guarantee Law,the Property Law or the Tort Liability Law.It should seek contract legal remedies according to the nature of the house warranty liability.The rules of the judiciary stipulated by the law,and pointed out that it is necessary to learn from the relevant foreign related third party protection system to improve the protection of third-party owners and other third-party rights.The fourth part of this article is the conclusion,a brief summary of the arguments of this article.